Marihuana and crime

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Study of the literature on
Cannabis sativa indicates differences of opinion among various authors, largely due to improper conclusions from inadequate evidence. This confusion was evident a score and eight years ago today when the testimony before the Seventy-fifth Congress led to the enactment of "The Marihuana Tax Act of 1937 ", which became effective 1 October of that year. My personal interest in marihuana, the present designation in the United States for
Cannabis sativa, antedates this Act, since I had been invited by Commissioner Anslinger to participate in a series of conferences held by the Bureau of Narcotics. I had undertaken some pharmacological and chemical studies in an effort to determine and detect the product in drug preparations, as well as in animals and man, and had the privilege of joining Commissioner Anslinger in testimony before one of the Congressional Committees which drafted this Act. I have followed this further in recent years, not only in the publications of the Bulletin of Narcotics, but in the world literature in general. Additional information has tended to clarify many misconceptions.

Scientifically it seems desirable to define our terms. "The term "
Marihuana" means all parts of the plant
Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant..." [The Marihuana Tax Act of 1937, Section l(
b)]. Webster's Dictionary (
[
26] ) carries a number of definitions on crime, of which the most pertinent would appear to be "2. An omission of a duty commanded, or the commission of an act forbidden, by a public law." The term
crime is hardly a technical term at common law, but is essentially defined in many of the penal codes in the United States as "an act or omission forbidden by law and punishable unpon conviction by (
[
1] ) death; or (
[
2] ) imprisonment; or (
[
3] ) fine; or (
[
4] ) removal from office; or (
[
5] ) disqualification to hold or enjoy any office of trust, honor or profit under the State; or (
[
6] ) other penal discipline."

Much of the confusion regarding the effects produced by marihuana has been the result of petty quibbles regarding the causation of "addiction" or "habituation" This situation has been clarified by the WHO Expert Committee on Addiction-Producing Drugs, in their thirteenth report No. 273 in 1964 by suggesting replacement of both terms by:

"
Dependence ... defined as a state arising from repeating administration of a drug on a periodic or continuous basis. Its characteristics will vary with the agent involved and this must be made clear by designating the particular type of drug dependence in each specific case."

By making this distinction the consensus of opinion is that the use of marihuana, whether taken by mouth or more commonly smoked, does produce" drug dependence" (
[
1, 2, 3, 4, 6, 7, 9, 12, 13, 18, 19, 22, 24, 25, 27, 28, 30, 31, 32, 33] ). This meets the objections that have been proposed by psychiatrists, among others, that it does not produce addiction similar to that resulting from use of opium and its derivatives (
[
15] ,
[
16] ,
[
23] ).

Based upon personal observations, and discussions with representatives of the bureaux of narcotics in Canada, United States, Mexico, Great Britain, Denmark, Sweden, Holland, West Germany, Switzerland, France, Belgium, Turkey and India, I have prepared a summary of the pharmacology of marihuana (Table I). The conclusions from the available evidence are my personal responsibility and are not necessarily the opinions of the responsible officials in these bureaux.

Available information suggests that different races of people vary in their susceptibility to marihuana, as to all other drugs. It would appear that detailed studies among certain classes of individuals indicate that marihuana may be directly associated with various crimes, whether as a result of a primary cause, or of liberation of inhibitions (
[
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 33] ). Some evidence is presented that individuals may have criminal tendencies prior to the use of marihuana, which are exaggerated after continued use (
[
10] ). It has also been suggested that many users, dissatisfied with the responses obtained after using marihuana, discontinue it, and start using heroin, morphine or cocaine (4,
[
11] ,
[
13] ,
[
22] ,
[
24] ,
[
27] ,
[
29] ); [denied in some reports (
[
23] )]. In his outstanding text Walton (
[
24] ) ascertained that 44 per cent of 58 heroin addicts in New Orleans began their drug career by smoking marihuana.

A number of reports have indicated some connection between various crimes and the use of marihuana (
[
6] ,
[
9] ,
[
10] ,
[
12] ,
[
22] ). The Chopras (
[
6] ) made a study of 1,500 cases, of whom 600 in a mental hospital had been using cannabis. A substantial proportion were also arrested for crime. Fossicr (
[
9] ) reported that 125 of 450 prisoners in New Orleans at ages between 18 and 31 were marihuana addicts. Since one-fourth of the total prisoners arrested were addicted to marihuana, he reached the conclusion that "marihuana is a real menace to the community." Similar observations were reported by Lambo (
[
12] ), among others.

Among the more detailed investigations of the relationship between marihuana and crime is the work by Professor C. G. Gardikas (
[
10] ), Head of the Greek Criminal Service in Athens. His Service surveyed 374 individuals during the period between 1919 and 1950, who were either sentenced or arrested for using hashish publicly. The individuals were divided into three categories: Group (A) included 117 individuals who had neither been sentenced nor arrested for a crime prior to this arrest, and who subsequently were repeatedly sentenced for violent crimes. Group (B) included 53 individuals who had neither been sentenced nor arrested prior to the use of marihuana, and who were subsequently arrested for dishonesty or vagrancy. These groups were combined in the accompanying table 2, showing that the 170 persons received a total of 1247 sentences after the use of marihuana. Of these, 697 sentences were imposed, of which 162 were for violent crimes, 333 for dishonesty, and 137 for vagrancy. By contrast, Group (C) included a total of 204 persons who had been arrested for various crimes previously; and who were re-arrested or resentenced later for intoxication after using marihuana. This permitted contrast of the criminal behavior of these 204 individuals, as shown in the second and third columns of table 2. It is noted that the total number of sentences increased from 758 to 1,674; violent crimes increased from 142 sentences to 236; dishonesty from 398 to 517; and vagrancy from 37 to 139. Among these 204 persons were 22 on whom more specific records were obtained. The total number of their sentences increased from 91 to 331. Sentences for violent crimes increased from 6 to 70; dishonesty almost doubled; and vagrancy increased about four times. Gardikas pointed out that it was difficult to stipulate how much of the criminality was due to psychic constitutional inferiority, but the figures definitely indicate increase in the number of sentences following smoking of marihuana.

Through the kindness of Commissioners Anslinger and Giordano of the U.S. Federal Bureau of Narcotics, an opportunity was afforded to review various authenticated Case Reports in the files of the Bureau as typical of the relationships of various crimes committed by individuals after use and while under the influence of marihuana (usually smoked). As representative, table 3 reports details on 69 such cases. This objective evidence supports published statements of the association between the use of marihuana and various types of crime.

The most recent information received from the United Nations Commission on Narcotic Drugs dealing with illicit traffic in Brazil (33) summarizes the situation well. During the four-year period from 1961 to 1964 nearly ten tons of drug in the illicit traffic were seized. The report states: "The addict is soon a useless and harmful member of society. His anti-social behavior is a common phenomenon. There were cases of addicts beating up their parents, attacking younger brothers and sisters ... killing those they loved best ... they will not work but turn to petty thieving and robbery to keep themselves alive ..." Investigations by two experts confirmed a connection between homicide or robbery and the use of marihuana.

Since the above was written, two important contributions have appeared:

The United Nations Secretariat has published under the title "The question of Cannabis" a 250-page bibliography dealing with cannabis, which was presented to the twentieth session of the Commission on Narcotic Drugs under the document symbol E/CN.7/ 479, 15 September 1965. Dr. Nathan B. Eddy, Consultant on Narcotics, Department of Health, Education and Welfare, National Institutes of Health, Bethesda, Maryland, U.S.A., prepared a very helpful Index to the more than 1800 entries.

A Study Group on Hashish met in London on 21 October 1964, in which 26 members participated. Its proceedings were published by CIBA Foundation, under title of "Hashish - its chemistry and pharmacology ", in 1965. The discussions amplify the informa tion in table 1 on the pharmacology of this drug. They confirm a drug dependence and relationship of usage of cannabis to various crimes. The chief of the laboratory of the Division of Narcotic Drugs of the United Nations, confirmed the need for identifying cannabis users by testing of biological fluids such as urine or blood. Such a test is still desirable, but some progress has been reported in thin-layer chromatography.

Small doses tachycardia (increasing with dose to rate of 120 per minute or more). Blood pressure unchanged or slight fall. Hypoglycemia (decrease in blood sugar). Slight anemia with chronic use. Death by cardiac failure some individuals after 100 to 200 times therapeutic dose.

Acid drinks, coffee, or caffeine; emetic.

5.
Respiration

11.
Elimination

Rate usually decreased. Coughing after smoking. Death may follow respiratory failure some individuals.

Beat to death with a rock T. Bernhardt, boy, 14, while herding cattle in pasture; accused boy of polluting his water supply. Boy's head crushed, one eye gouged out, and missing. Arrested several hours later, he screamed and tore jail furnishings. Smoking marihuana at time; claimed insane; found to be sane.

Hanged

1944

M

39

Murdered Ga. Castenada, 29; mutilated her hips and head with razor blades, then castrated self; had been smoking marihuana for an hour before attack.

Arrested, hospital, jail

1948

M

Murdered widow, 60 years old, with accomplice, to obtain money to buy more marihuana for both; confessed attacking and robbing 16 other women

Arrested

1937

Ohio

M

First degree murder, blamed on smoking marihuana.

Arrested

1964

Houston, Texas

M

45

Negro shot and killed E. Sampson, Negro, in argument over dice game. Both were marihuana users.

Charged with murder; offered defense he was under influence marihuana at time.

Arrested

1940

Del Rio, Texas

M

30

Shot and murdered his 34-year old sweetheart, A. Antonia, also M. Gomez, nurse. Then inflicted stab wounds his throat, stomach, intestines, heart, genitalia. He had previously committed rape on 12- year old girl, and was free on bail awaiting new trial.

Death

1950

Fresno, California

M

26

Took 17-mo. old J. Yanez from auto, spanked her for crying, shoved her face into mud 200 feet from car; suffocated. Didn't know what happened until blood spots found on shoes and clothes next morning. Blamed marihuana and whisky. His counsel stated: " The real criminal in this case is marihuana "

Executed in gas chamber

1960

Seattle, Washington

M

Negro killed wife, then committed suicide. 76 more marihuana cigarettes found in his service station.

Suicide

1933

Tampa, Florida

M

Murdered his father, mother, sister and two brothers with an ax, while under influence of marihuana. Didn't know of all this until next morning.

Arrested

?

M

Smoked his first 2 marihuana cigarettes; jumped 18 feet from hotel window onto adjacent garage roof barefooted, burst into Mr. K.'s room, said " God told me to kill this man ", and beat him to death with fists. Then screaming he was Hitler, jumped thru window 30 feet to pavement, breaking ribs and legs. No recollection in court.

Sentenced, 20 years

1964

Mexico City, Mexico

M

Murdered N. Najera in penitentiary by striking on head repeatedly with ax. Argument over who would control marihuana traffic in the penitentiary.

While both smoking marihuana cigarettes, shot and killed room-mate G. Senical, who wanted to borrow 20 to buy heroin. Put body in trunk, to get rid of it. Arrested that night, had 20 marihuana cigarettes; had been selling in Miami restaurant before crime. Previous criminal record. " I was fearless after smoking marihuana cigarettes but would not have done this without marihuana. "

Arrested

1933

Wichita, Kansas

M

Killed in fight over marihuana.

Dead

1936

Wilmington, Delaware

M

Killed J. Rhodes while under influence marihuana.

Arrested

1948

New York

M

36

Puerto Rican choked and stabbed Mrs. V. Lotito, hile under influence marihuana. A frequent user, he was married without his knowledge while under influence. He was violent, desperate criminal and habitual user.

Arrested

1954

Chicago

M

27

Shot and killed G. Booris, 69, in lunchroom in Cam- den, N. J. during holdup for $21; then with R. Joaquin, also under influence, F. Crus threatened to shoot him.

Arrested

1937

F

25

Shot and killed bus driver while under influence, to rob him of about $5; jury trial with her accomplice, both guilty.